By Allen, Greenberg, Woolley, Culberson,               H.B. No. 489

            McClendon

         Substitute the following for H.B. No. 489:

         By Allen                                           C.S.H.B. No. 489

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the applicability of a sexual offender registration

 1-3     program to certain defendants and to the procedures used to

 1-4     register and monitor sex offenders.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Sections 1(4) and (5), Article 6252-13c.1,

 1-7     Revised Statutes, are amended to read as follows:

 1-8                 (4)  "Released" means discharged, paroled, placed in a

 1-9     nonsecure community program for juvenile offenders, or placed on

1-10     juvenile probation, community supervision, or mandatory

1-11     supervision.

1-12                 (5)  "Reportable conviction or adjudication" means a

1-13     conviction or adjudication, regardless of the pendency of an

1-14     appeal, that is:

1-15                       (A)  a conviction for violation of Section 21.11

1-16     (Indecency with a child), 22.011 (Sexual assault), or 22.021

1-17     (Aggravated sexual assault), Penal Code, or a conviction for a

1-18     violation of Section 25.02 (Prohibited sexual conduct), Penal Code,

1-19     if the defendant was a person 18 years of age or older at the time

1-20     of the violation;

1-21                       (B)  a conviction for violation of Section 43.03

1-22     (Promotion of prostitution), 43.04 (Aggravated promotion of

1-23     prostitution), 43.05 (Compelling prostitution), 43.23 (Obscenity),

1-24     43.25 (Sexual performance by a child), or 43.26 (Possession or

 2-1     promotion of  child pornography), Penal Code;

 2-2                       (C)  a conviction for a violation of Section

 2-3     20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant

 2-4     committed the offense with intent to violate or abuse the victim

 2-5     sexually;

 2-6                       (D)  a conviction for a violation of Section

 2-7     30.02 (Burglary), Penal Code, if the offense is punishable under

 2-8     Subsection (d) of that section and the defendant committed the

 2-9     offense with intent to commit a felony listed in Paragraph (A) or

2-10     (C) of this subdivision;

2-11                       (E)  the second conviction for a violation of

2-12     Section 21.07(a)(4) (Public lewdness), 21.08 (Indecent exposure),

2-13     43.22 (Obscene display or distribution),  or 43.251 (Employment

2-14     harmful to children), Penal Code;

2-15                       (F)  a conviction for an attempt, conspiracy, or

2-16     solicitation, as defined by Chapter 15, Penal Code, to commit an

2-17     offense listed in Paragraph (A), (B), (C), or (D) of this

2-18     subdivision;

2-19                       (G)  an adjudication of delinquent conduct based

2-20     on a violation of one of the offenses listed in Paragraph (A), (B),

2-21     (C), (D), or (F) of this subdivision or for which two violations of

2-22     the offenses listed in Paragraph (E) of this subdivision are shown;

2-23                       (H)  a deferred adjudication for an offense

2-24     listed in Paragraph (A), (B), (C), (D), or (F) of this subdivision;

2-25                       (I)  a conviction under the laws of another state

2-26     for an offense containing elements that are substantially similar

2-27     to the elements of an offense listed under Paragraph (A), (B), (C),

 3-1     (D), or (F) of this subdivision; or

 3-2                       (J)  the second conviction under the laws of

 3-3     another state for an offense containing elements that are

 3-4     substantially similar to the elements of an [the] offense listed in

 3-5     Paragraph (E) of this subdivision [indecent exposure].

 3-6           SECTION 2.  Section 2(e), Article 6252-13c.1, Revised

 3-7     Statutes, is amended to read as follows:

 3-8           (e)  If a person subject to registration under this article

 3-9     does not move to an intended residence by the end of the seventh

3-10     day after the date on which the person is released [on community

3-11     supervision, parole, or mandatory supervision] or the date on which

3-12     the person leaves a previous residence, the person shall:

3-13                 (1)  report to the juvenile probation officer,

3-14     community supervision and corrections department officer, or [the]

3-15     parole officer supervising the person by not later than the seventh

3-16     day after the date on which the person is released or the date on

3-17     which the person leaves a previous residence, as applicable, and

3-18     provide the officer with the address of the person's temporary

3-19     residence; and

3-20                 (2)  continue to report to the person's supervising

3-21     officer not less than weekly during any period of time in which the

3-22     person has not moved to an intended residence and provide the

3-23     officer with the address of the person's temporary residence.

3-24           SECTION 3.  Section 3, Article 6252-13c.1, Revised Statutes,

3-25     is amended to read as follows:

3-26           Sec. 3.  PRERELEASE NOTIFICATION.  (a)  Before a person who

3-27     will be subject to registration under this article is due to be

 4-1     released from a penal institution, the Texas Department of Criminal

 4-2     Justice or Texas Youth Commission, as appropriate, shall determine

 4-3     the person's level of risk to the community and assign to the

 4-4     person a risk level using criteria  established by the department

 4-5     or commission, as appropriate, and an official of the penal

 4-6     institution shall:

 4-7                 (1)  inform the person that:

 4-8                       (A)  not later than the seventh day after the

 4-9     date on which the person is released [on community supervision,

4-10     parole, or mandatory supervision] or the date on which the person

4-11     moves from a previous residence to a new residence in this state,

4-12     the person must:

4-13                             (i)  register or verify registration with

4-14     the local law enforcement authority in the municipality or county

4-15     in which the person intends to reside; or

4-16                             (ii)  if the person has not moved to an

4-17     intended residence, report to the juvenile probation officer,

4-18     community supervision and corrections department officer, or [the]

4-19     parole officer supervising the person;

4-20                       (B)  not later than the seventh day before the

4-21     date on which the person moves to a new residence in this state or

4-22     another state, the person must report in person to the local law

4-23     enforcement authority with whom the person last registered and to

4-24     the juvenile probation officer, community supervision and

4-25     corrections department officer, or [the] parole officer supervising

4-26     the person; and

4-27                       (C)  not later than the 10th day after the date

 5-1     on which the person arrives in another state in which the person

 5-2     intends to reside, the person must register with the law

 5-3     enforcement agency that is identified by the department as the

 5-4     agency designated by that state to receive registration

 5-5     information, if the other state has a registration requirement for

 5-6     sex offenders;

 5-7                 (2)  require the person to sign a written statement

 5-8     that the person was informed of the person's duties as described by

 5-9     Subdivision (1) of this subsection or, if the person refuses to

5-10     sign the statement, certify that the person was so informed;

5-11                 (3)  obtain the address where the person expects to

5-12     reside on the person's release and other registration information,

5-13     including a photograph and complete set of fingerprints; and

5-14                 (4)  complete the registration form for the person.

5-15           (b)  On the seventh day before the date on which a person who

5-16     will be subject to registration under this article is due to be

5-17     released from a penal institution, or on receipt of notice by a

5-18     penal institution that a person who will be subject to registration

5-19     under this article is due to be released in less than seven days,

5-20     an official of the penal institution shall send the person's

5-21     completed registration form and risk level to the department and

5-22     to:

5-23                 (1)  the applicable local law enforcement authority in

5-24     the municipality or county in which the person expects to reside,

5-25     if the person expects to reside in this state; or

5-26                 (2)  the law enforcement agency that is identified by

5-27     the department as the agency designated by another state to receive

 6-1     registration information, if the person expects to reside in that

 6-2     other state and that other state has a registration requirement for

 6-3     sex offenders.

 6-4           (c)  If a person who is subject to registration under this

 6-5     article receives an order deferring adjudication, placing the

 6-6     person on juvenile probation or community supervision, or imposing

 6-7     only a fine, the court pronouncing the order or sentence shall

 6-8     determine the person's risk level based on a recommendation

 6-9     submitted to the court under Subsection (d) of this section and

6-10     ensure that the prerelease notification and registration

6-11     requirements specified in this section are conducted on the day of

6-12     entering the order or sentencing.  If a representative of a

6-13     community supervision and corrections department or juvenile

6-14     probation department [representative] is available in court at the

6-15     time a court pronounces an order or [a] sentence under this

6-16     subsection [of deferred adjudication or community supervision], the

6-17     representative shall immediately obtain the person's risk level

6-18     from the court and conduct the prerelease notification and

6-19     registration requirements specified in this section.  In any other

6-20     case in which the court pronounces an order or [a] sentence under

6-21     this subsection, the court shall designate another appropriate

6-22     individual to obtain the person's risk level from the court and

6-23     conduct the prerelease notification and registration requirements

6-24     specified in this section.

6-25           (d)  On request by a court, a representative of a community

6-26     supervision and corrections department or juvenile probation

6-27     department shall submit to the court a recommendation as to the

 7-1     appropriate risk level for a person who may be subject to

 7-2     registration under this article.  The representative shall

 7-3     determine that risk level using the applicable risk assessment

 7-4     instrument developed under this subsection.  The Texas Department

 7-5     of Criminal Justice, Texas Youth Commission, Texas Juvenile

 7-6     Probation Commission, and Council on Sex Offender Treatment shall

 7-7     consult and develop a standard risk assessment instrument for

 7-8     adults and a standard risk assessment instrument for juveniles to

 7-9     be used in determining risk levels under this subsection.

7-10           (e) [(d)]  If a person who has a reportable conviction for an

7-11     offense described under Section 1(5)(I) or (J) of this article is

7-12     placed under the supervision of the pardons and paroles division of

7-13     the Texas Department of Criminal Justice or a community supervision

7-14     and corrections department under Article 42.11, Code of Criminal

7-15     Procedure, the division or community supervision and corrections

7-16     department shall conduct the prerelease notification and

7-17     registration requirements specified in this section on the date the

7-18     person is placed under the supervision of the division or community

7-19     supervision and corrections department.

7-20           (f) [(e)]  Not later than the eighth day after receiving a

7-21     registration form under Subsection (b), (c), or (e) [(d)] of this

7-22     section, the local law enforcement authority shall verify the age

7-23     of the victim and the basis on which the person is subject to

7-24     registration under this article.  If the [victim is a child younger

7-25     than 17 years of age and the] basis on which the person is subject

7-26     to registration is [not an adjudication of delinquent conduct or a

7-27     deferred adjudication and is not] a conviction for a felony offense

 8-1     listed in Section 1(5) of this article, other than an offense under

 8-2     Section 25.02, Penal Code, the authority shall immediately publish

 8-3     notice in English and Spanish in at least one newspaper of general

 8-4     circulation in the county in which the person subject to

 8-5     registration intends to reside.  The authority shall publish a

 8-6     duplicate notice in the newspaper, with any necessary corrections,

 8-7     during the week immediately following the week of initial

 8-8     publication.  Regardless [If the victim is a child younger than 17

 8-9     years of age, regardless] of the basis on which the person is

8-10     subject to registration, the authority shall immediately provide

8-11     notice to the superintendent of public schools of the school

8-12     district in which the person subject to registration intends to

8-13     reside by mail to the district office.

8-14           (g) [(f)]  The local law enforcement authority shall include

8-15     in the notice by publication in a newspaper the following

8-16     information only:

8-17                 (1)  the person's age and gender;

8-18                 (2)  a brief description of the offense for which the

8-19     person is subject to registration; and

8-20                 (3)  the municipality, street name, and zip code number

8-21     where the person intends to reside.

8-22           (h) [(g)]  The local law enforcement authority shall include

8-23     in the notice to the superintendent of public schools any

8-24     information the authority determines is necessary to protect the

8-25     public, except:

8-26                 (1)  the person's social security number, driver's

8-27     license number, or telephone number; and

 9-1                 (2)  any information that would identify the victim of

 9-2     the offense for which the person is subject to registration.

 9-3           SECTION 4.  Sections 4(a), (b), (e), and (f), Article

 9-4     6252-13c.1, Revised Statutes, are amended to read as follows:

 9-5           (a)  If a person required to register intends to change

 9-6     address, the person shall, not later than the seventh day before

 9-7     the intended change, report in person to the local law enforcement

 9-8     authority with whom the person last registered and to the juvenile

 9-9     probation officer, community supervision and corrections department

9-10     officer, or [the] parole officer supervising the person  and

9-11     provide the authority and the officer with the person's anticipated

9-12     move date and new address.

9-13           (b)  Not later than the third day after receipt of notice

9-14     under Subsection (a) of this section, the person's juvenile

9-15     probation officer, community supervision and corrections department

9-16     officer, or parole officer shall forward the information provided

9-17     under Subsection (a) of this section to the local law enforcement

9-18     authority with whom the person last registered and, if the person

9-19     intends to move to another municipality or county in this state, to

9-20     the applicable local law enforcement authority in that municipality

9-21     or county.

9-22           (e)  If a person who reports to a local law enforcement

9-23     authority under Subsection (a) of this section does not move on or

9-24     before the anticipated move date or does not move to the new

9-25     address provided to the authority, the person shall:

9-26                 (1)  report to the local law enforcement authority with

9-27     whom the person last registered not later than the seventh day

 10-1    after the anticipated move date and provide an explanation to the

 10-2    authority regarding any changes in the anticipated move date and

 10-3    intended residence; and

 10-4                (2)  report to the juvenile probation officer,

 10-5    community supervision and corrections department officer, or [the]

 10-6    parole officer supervising the person not less than weekly during

 10-7    any period in which the person has not moved to an intended

 10-8    residence.

 10-9          (f)  If the person moves to another municipality or county in

10-10    this state, the department shall inform the applicable local law

10-11    enforcement authority in the new area of the person's residence not

10-12    later than the third day after the date on which the department

10-13    receives information under Subsection (a) of this section.  Not

10-14    later than the eighth day after the date on which the local law

10-15    enforcement authority is informed under Subsection (a) of this

10-16    section or under this subsection, the authority shall verify the

10-17    age of the victim and the basis on which the person is subject to

10-18    registration under this article.  If the [victim is a child younger

10-19    than 17 years of age and the] basis on which the person is subject

10-20    to registration is [not an adjudication of delinquent conduct or a

10-21    deferred adjudication and is not] a conviction for a felony offense

10-22    listed in Section 1(5) of this article, other than an offense under

10-23    Section 25.02, Penal Code, the authority shall immediately publish

10-24    notice in English and Spanish in at least one newspaper of general

10-25    circulation in the county in which the person subject to

10-26    registration intends to reside.  The local law enforcement

10-27    authority shall publish a duplicate notice in the newspaper, with

 11-1    any necessary corrections, during the week immediately following

 11-2    the week of initial publication.  Regardless [If the victim is a

 11-3    child younger than 17 years of age, regardless] of the basis on

 11-4    which the person is subject to registration, the authority shall

 11-5    immediately provide notice to the superintendent of public schools

 11-6    of the school district in which the person subject to registration

 11-7    intends to reside by mail to the district office.

 11-8          SECTION 5.  Section 5(a), Article 6252-13c.1, Revised

 11-9    Statutes, is amended to read as follows:

11-10          (a)  The department shall maintain a computerized central

11-11    database containing only the information required for registration

11-12    under this article and the risk level assigned to the person under

11-13    this article.

11-14          SECTION 6.  Section 7, Article 6252-13c.1, Revised Statutes,

11-15    is amended to read as follows:

11-16          Sec. 7.  FAILURE TO REGISTER.  (a)  A person commits an

11-17    offense if the person is required to register and fails to comply

11-18    with any requirement of this article.

11-19          (b)  An offense under this section is a felony of the third

11-20    degree [Class A misdemeanor].

11-21          (c)  If it is shown at the trial of a person for an offense

11-22    under this section that the person has previously been convicted of

11-23    an offense under this section, the person shall be punished for a

11-24    felony of the second [third] degree.

11-25          SECTION 7.  Section 8, Article 6252-13c.1, Revised Statutes,

11-26    is amended to read as follows:

11-27          Sec. 8.  APPLICABILITY; EXEMPTIONS.  (a)  This article

 12-1    applies only to a reportable conviction or adjudication[:]

 12-2                [(1)]  occurring on or after[:]

 12-3                      [(A)]  September 1, 1970, except that the

 12-4    provisions of Section 3 and Section 4 of this article relating to

 12-5    the requirement of newspaper publication apply only to:

 12-6                (1)  a reportable conviction or adjudication occurring

 12-7    on or after September 1, 1997, if the conviction or adjudication

 12-8    relates to:

 12-9                      (A)  an offense under Section 21.07, 43.02,

12-10    43.03, 43.04, 43.05, 43.22, 43.23, or 43.251, Penal Code; or

12-11                      (B)  an offense in which the victim is a person

12-12    17 years of age or older; or

12-13                (2)  a reportable conviction or adjudication occurring

12-14    on or after September 1, 1995, if the conviction or adjudication is

12-15    not a conviction or adjudication described by Subdivision (1) of

12-16    this subsection [1991, if the conviction is for or the adjudication

12-17    is based on an offense listed in Section 1(5)(A) of this article;]

12-18                      [(B)  September 1, 1993, if the conviction is for

12-19    or the adjudication is based on an offense listed in Section

12-20    1(5)(B) of this article; or]

12-21                      [(C)  September 1, 1995, if the conviction is for

12-22    an offense described under Section 1(5)(C), (D), (E), (F), (I), or

12-23    (J) of this article; or]

12-24                [(2)  for which an order of deferred adjudication is

12-25    entered by the court on or after September 1, 1993].

12-26          (b)  A person who has a reportable conviction or adjudication

12-27    for which the person is subject to registration under this article

 13-1    may petition a district judge in the county where the person

 13-2    resides or intends to reside for an exemption from this article.

 13-3    After a hearing on the matter [If the person shows good cause], the

 13-4    district judge may [shall] grant the exemption  if the person

 13-5    proves by a preponderance of the evidence specific facts indicating

 13-6    that registration under this article would place the person's

 13-7    health and well-being in immediate danger.

 13-8          SECTION 8.  Section 9, Article 6252-13c.1, Revised Statutes,

 13-9    is amended to read as follows:

13-10          Sec. 9.  EXPIRATION OF DUTY TO REGISTER.  (a)  The duty to

13-11    register for a person with a reportable conviction or adjudication

13-12    [under Section 1(5)(D) of this article] ends when the person dies

13-13    unless, before death, the duty to register ended under Subsection

13-14    (d).

13-15          (b)  The duty to register for a person with a reportable

13-16    conviction or adjudication under Section 1(5)(A), (B), (F), (G),

13-17    (H), or (I) of this article based on an offense under Section 25.02

13-18    or 43.03, Penal Code, an attempt, conspiracy, or solicitation to

13-19    commit an offense under Section 25.02 or 43.03, Penal Code, or an

13-20    offense containing elements substantially similar to an offense

13-21    under Section 25.02 or 43.03, Penal Code, ends as provided by

13-22    Subsection (d) of this section.

13-23          (c)  The duty to register for a person with a reportable

13-24    conviction or adjudication under Section 1(5)(E), (G), or (J) of

13-25    this article based on two violations of an offense under Section

13-26    21.07(a)(4), 21.08, 43.22, or 43.251, Penal Code, or two violations

13-27    of an offense containing elements substantially similar to an

 14-1    offense under Section 21.07(a)(4), 21.08, 43.22, or 43.251, Penal

 14-2    Code, ends as provided by Subsection (d) of this section.

 14-3          (d)  The duty to register for a person with a reportable

 14-4    conviction or adjudication described by Subsection (b) or (c) of

 14-5    this section ends:

 14-6                (1)  if the person's duty to register is based on an

 14-7    adjudication of delinquent conduct, on the 10th anniversary of the

 14-8    date on which[:]

 14-9                [(1)  the person ceases to be under the supervision of

14-10    the Texas Youth Commission, if the person was committed to the

14-11    Texas Youth Commission other than under a determinate sentence;]

14-12                [(2)  the person is discharged from the Texas Youth

14-13    Commission or the Texas Department of Criminal Justice, whichever

14-14    date is later, if the person was committed to the Texas Youth

14-15    Commission under a determinate sentence; or]

14-16                [(3)]  the disposition is made or the person completes

14-17    the terms of the disposition, whichever date is later; or

14-18                (2)  if the person's duty to register is based on a

14-19    conviction or on an order of deferred adjudication, [if the person

14-20    received a disposition that did not include a commitment to the

14-21    Texas Youth Commission.]

14-22          [(b)  The duty to register for a person with a reportable

14-23    conviction, other than a conviction for a violation of Section

14-24    21.11(a)(1), 22.021, or 43.25, Penal Code, ends] on the 10th

14-25    anniversary of the date on which the court dismisses the criminal

14-26    proceedings against the person and discharges the person, the

14-27    person is released from county jail, [the institutional division of

 15-1    the Texas Department of Criminal Justice] or the person discharges

 15-2    [parole or] community supervision, whichever date is later.

 15-3          [(c)  The duty to register for a person with a reportable

 15-4    conviction or adjudication based on an order of deferred

 15-5    adjudication under Section 1(5)(E) of this article, other than an

 15-6    order of deferred adjudication for a violation of Section

 15-7    21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th

 15-8    anniversary of the date on which:]

 15-9                [(1)  the court dismisses the criminal proceedings

15-10    against the person and discharges the person; or]

15-11                [(2)  the person is released from the institutional

15-12    division of the Texas Department of Criminal Justice or the person

15-13    discharges parole or community supervision, if the court proceeded

15-14    to final adjudication in the case.]

15-15          SECTION 9.  Section 2(d), Article 6252-13c.1, Revised

15-16    Statutes, as added by Section 1, Chapter 676, Acts of the 74th

15-17    Legislature, Regular Session, 1995, is repealed.

15-18          SECTION 10.  The change in law made by this Act to Section 7,

15-19    Article 6252-13c.1, Revised Statutes, applies only to an offense

15-20    committed on or after the effective date of this Act.  An offense

15-21    committed before the effective date of this Act is covered by the

15-22    law in effect under Section 7, Article 6252-13c.1, Revised

15-23    Statutes, when the offense was committed, and the former law is

15-24    continued in effect for that purpose.  For purposes of this

15-25    section, an offense was committed before the effective date of this

15-26    Act if any element of the offense occurred before that date.

15-27          SECTION 11.  (a)  The changes in law made by this Act to

 16-1    Sections 8(a) and 9, Article 6252-13c.1, Revised Statutes, apply

 16-2    only to a defendant who, with respect to an offense listed in

 16-3    Section 1(5), Article 6252-13c.1, Revised Statutes, on or after the

 16-4    effective date of this Act:

 16-5                (1)  is confined in a penal institution, as that term

 16-6    is defined by Section 1(3), Article 6252-13c.1, Revised Statutes;

 16-7    or

 16-8                (2)  is under the supervision and control of a juvenile

 16-9    probation office or an agency or entity operating under contract

16-10    with a juvenile probation office, a community supervision and

16-11    corrections department, or the pardons and paroles division of the

16-12    Texas Department of Criminal Justice.

16-13          (b)  A defendant who, on the effective date of this Act, is

16-14    not described by Subsection (a)(1) or (2) of this section is

16-15    covered by the law in effect under Sections 8(a) and 9, Article

16-16    6252-13c.1, Revised Statutes, before those sections were amended by

16-17    this Act, and the former law is continued in effect for that

16-18    purpose.

16-19          SECTION 12.  This Act takes effect September 1, 1997.

16-20          SECTION 13.  The importance of this legislation and the

16-21    crowded condition of the calendars in both houses create an

16-22    emergency and an imperative public necessity that the

16-23    constitutional rule requiring bills to be read on three several

16-24    days in each house be suspended, and this rule is hereby suspended.